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(영문) 수원지방법원 2016.08.18 2016고정1371
횡령
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 2010, the Defendant was a person who managed membership fees, etc. paid by all members of the “C (GuD)”, a high school established with 11 members, such as the victim B, etc.

On April 5, 2010, the Defendant received KRW 5,957,809 in the balance of membership fees from the general manager E of the said gathering to the Defendant’s Agricultural Cooperative account (F). The Defendant embezzled KRW 11,57,809 out of total membership fees, from around April 5, 2010 to March 5, 2013, after receiving KRW 30,000 from 10 members of the said gathering’s members other than the Defendant, to deposit for the victims, and then remitting KRW 2,00,00,000 to the personal passbook account used by the Defendant, as shown in the attached list of crimes, such as remitting from April 5, 2010 to the personal passbook account used by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A complaint;

1. Details of transfer, details of financial transactions by complainants, and details of G transactions;

1. Application of Acts and subordinate statutes on the transactions of passbooks;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is relatively long-term, and the amount of damage exceeds 10 million won, etc. However, the crime of this case in which the defendant arbitrarily used his relative money is divided into a truth-finding, the defendant's primary offender, the defendant and the victims are high school establishment relation, the victims are also victims, and the victims are also victims. Considering the favorable circumstances in which the defendant agreed with the victims that the victims want the defendant's wife, the victims want to take the defendant's wife, and all of the sentencing conditions indicated in the records and changes theory of this case, such as the defendant's age, sexual behavior, environment, etc., are considered as follows.

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